I’m in a tricky situation here:
My H1B application selected by the lottery in May. My F1 STEM OPT got extended to Sep 30th through Cap-gap. I got a RFE request and responded on Aug 30th. However, I didn’t receive the denial notice until December 13th. My question is, am I currently out of status or still have 60 days grace period from December 13th to transfer to another school?
Based on USCIS website, I should have 60 days grace period(see below). But my school told me that my F1 status was terminated on 11/6 which is a super random date before the decision date. Please help!
See section Eligibility of Extension:
“ Once the petitioner timely files a request to change status to H-1B on October 1, the automatic cap-gap extension will begin. If the student’s H-1B petition is selected and approved, the student’s extension of status will continue through September 30. The extension of status will automatically terminate if the student’s H-1B petition is denied, withdrawn, revoked, rejected, or is not selected, or if the change of status request is denied or withdrawn even if the H-1B petition is approved for consular processing. The student will have the standard 60-day grace period from the date the extension of status terminated or their program end date, whichever is later, to depart the United States. ”